ASARAM Vs. STATE

JUDGEMENT

(1.) THIS is an application accompanied by a memorandum of appeal for permission to appeal as a pauper under Order 44, Rule 1, Code of Civil Proceduce. The decree was passed on 18 -11 -1954 and application was filed on 17 -2 -1955. Leave to appeal in 'forma pauperis' must be sought within 30 days from the date of tine decree.

(2.) THE applicant states that he consulted many leading lawyers of Indore who all told him that the period of limitation was 90 days. The applicant for some reason best known to him has not chosen to disclose the names of these able Counsels. He has however mentioned the name Shri A.R. Lahori who also advised him that the period of limitation was 90 days. The question for consideration therefore is whether there is sufficient cause for not making the application within the prescribed period.

(3.) IT is clear from these authorities that unless the legal practitioner exercises due care and attention his mistaken advice would not amount to sufficient cause. In the present case period of 30 days for leave to appeal in 'forma pauperis' has been in force for a considerable time. If therefore the Counsel had taken due care and attention he could not have given wrong advice with regard to the period of limitation. The applicant himself cannot be said to have acted with due care and attention.